A ‘Home Nations’ for Regulation? How to Reform the UK Internal Market Act

The Scottish Parliament has  produced its report following an inquiry conducted by the Constitution, Europe, External Affairs and Culture Committee into the implications for devolution of the United Kingdom Internal Market Act 2020. This post considers concerns raised by the report and how they might be addressed. While recognising that the Act does not formally change the distribution of legal competences... Continue Reading →

(Re) Interpreting Brexit – the Judiciary as a Driver of Regulatory Divergence

At the beginning of July, the United Kingdom Government published a consultation paper. It sought views on whether to permit courts other than the highest UK courts to depart from ‘retained EU case law’. Under the European Union (Withdrawal) Act 2018, other courts are bound by the precedents of EU case law – as that case law stood... Continue Reading →

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